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JOINDER

The joining together of several different lawsuits into a single lawsuit since the issues affecting all the parties are the same or the resolution of all the issues must be made in order to determine the outcome of the cases. Joining or coupling together; uniting two or more constituents or elements in one; uniting with another person in some legal step or proceeding. Joinder in demnrrer. When a defendant in an action tenders an issue of law, (called a “demurrer,”) the plaintiff, if he means to maintain his action, must accept it, and this acceptance of the defendant’s tender, signified by the plaintiff in a set form of words, is called a “joinder in demurrer.” Brown. Joinder in issue. In pleading. A formula by which one of the parties to a suit joins in or accepts an issue in fact tendered by the opposite party. Steph. PI. 57, 230. More commonly termed a “similiter.” (q. v.) Joinder in pleading;. Accepting the issue, and mode of trial tendered, either by demurrer, error, or issue, in fact by the opposite party. Joinder of notions. This expression signifies the uniting of two or more demands or rights of action in one action; the statement of more than one cause of action in a declaration. Joinder of error. In proceeding on a writ of error in criminal cases, the joinder of error is a written denial of the errors alleged in the assignment of errors. It answers to a joinder of issue in an action. Joinder of offenses. The uniting of several distinct charges of crime in the same indictment or prosecution. Joinder of parties. The uniting of two or more persons as co-plaintiffs or as co-defendants in one suit. Misjoinder. The improper joining together dr parties to a suit, as plaintiffs or defendants, or of different causes of action. Burstall v. Beyfus, 53 Law J. Ch. 567; Phenix Iron Foundry v. Lockwood, 21 R. I. 556, 45 Atl. 546. Nonjoinder. The omission to join some person as party to a suit, whether as plaintiff or defendant, who ought to have been so joined, according to the rules Of pleading and practice.

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